Crown Entities Act 2004

Establishment and governance of Crown entities - Statutory entities - Conflict of interest disclosure rules

67: Consequences of failing to disclose interest

You could also call this:

"What happens if you don't tell people about your interests when you're supposed to"

Illustration for Crown Entities Act 2004

If you do not follow the rules about disclosing your interests, the board must tell the responsible Minister as soon as possible. You need to know that the board will also tell the Minister which acts are affected by your failure to disclose your interests. The Minister is the person in charge of the area that the board is responsible for.

If you fail to disclose your interests, it does not make any acts or matters that you were involved in invalid. This means that even if you made a mistake, the decisions you were part of are still valid. However, people can still ask a court to review the decisions if they think something was not done correctly.

If someone wants to challenge a decision, they can apply to a court for a judicial review, which is a way for a court to check if a decision was made fairly and according to the law. You can do this even if your failure to disclose your interests did not make the decision invalid. The court will then look at the decision and make sure it was made correctly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM330301.

This page was last updated on 18 July 2025 — View changes

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66: Consequences of being interested in matter, or

"What happens if you have a personal interest in a decision you're helping make"

68: Permission to act despite being interested in matter, or

"When you have a conflict of interest, you can still make decisions if you get written permission."

Part 2Establishment and governance of Crown entities
Statutory entities: Conflict of interest disclosure rules

67Consequences of failing to disclose interest

The board must notify the responsible Minister of a failure to comply with section 63 or section 66, and of the acts affected, as soon as practicable after becoming aware of the failure.
A failure to comply with section 63 or section 66 does not affect the validity of an act or matter.
However, subsection (2) does not limit the right of any person to apply, in accordance with law, for judicial review.